Without even so much as a whimper from anyone in Washington DC, Putin made his final submission to the United Nations in writing claiming expanded sovereignty of Russia for the Artic.
This was tried before by Russia and it was denied in 2001.
The question is why is the United Nations the final approval authority for such a claim under which the matter is governed by the Law of the Seas?
Obama’s feeble position on the Artic
In May 2013, President Obama published the National Strategy for the Arctic Region, defining the desired end state as an Arctic Region stable and free of conflict, where nations act responsibly in a spirit of trust and cooperation, and where economic and energy resources are developed in a sustainable manner. In November 2013, the Secretary of Defense published the Department of Defense Arctic Strategy, identifying two supporting objectives to the National Strategy:
• Ensure security, support safety, and promote defense cooperation;
• Prepare for a wide range of challenges and contingencies.
In support of National and Department of Defense aims, the Navy will pursue the following strategic objectives:
• Ensure United States Arctic sovereignty and provide homeland defense;
• Provide ready naval forces to respond to crisis and contingencies;
• Preserve freedom of the seas; and
• Promote partnerships within the United States Government and with international allies and partners.
Russia’s Application Summary to the United Nations
INTRODUCTION
The Russian Federation signed 1982 United Nations Convention on the Law of the Sea (“Convention”) on 10 December 1982 (then the USSR) and ratified it on 26 February 1997. The Convention entered into force for the Russian Federation on 11 April 1997. In accordance with Article 77 of the Convention, the Russian Federation proceeds from the fact that the rights of the coastal state over the continental shelf exist ipso facto and ab initio.
This Submission of the Russian Federation, which is made on the basis of Article 76.8 of the Convention, is a partial revised submission and covers the part of the Arctic Ocean region. The area under consideration was included in the first Submission of the Russian Federation (made on 10 December 2001) in respect of the extended continental shelf, which was considered at the 11th session of the Commission from 24 to 28 June 2002.
Recommendations relating to the Arctic Ocean adopted at that session of the Commission (L. Recommendations / D. Summary of recommendations. Central Arctic Ocean) say: 154/166. The Commission recommends that the Russian Federation make a revised submission in respect
of its extended continental shelf in the Central Arctic Ocean based on the findings contained in these recommendations.
155/167. The Commission recommends that the Russian Federation follow the scientific and technical advice contained in its Scientific and Technical Guidelines, and as indicated in the various sections of these Recommendations of the Commission.
156/168. The Commission recommends that according to the materials provided in the submission the Lomonosov Ridge cannot be considered a submarine elevation under the Convention.
157/169. The Commission recommends that, according to the current state of scientific knowledge, the Alpha-Mendeleev Ridge Complex cannot be considered a submarine elevation under the Convention.
Guided by the provisions of the Rules of Procedure and the STG, and also taking into account the practice of the Commission, the Russian Federation reserves the right to introduce amendments and additions to this partial revised Submission that can be based on new or additional research data and may provide changes to the presented OLCS line of the Russian Federation.
1. EXTENDED CONTINENTAL SHELF OF THE RUSSIAN FEDERATION IN THE ARCTIC OCEAN
This partial revised Submission of the Russian Federation for establishment of the OLCS in the Arctic Ocean is made to include in the extended continental shelf of the Russian Federation, in accordance with article 76 of the Convention, the seabed and its subsoil in the central Arctic Ocean which is natural prolongation of the Russian land territory.
The basis for the extension of rights to the extended continental shelf in the Arctic Ocean is the identity of the submitted areas to the continental shelf, as well as the OLCS position under Article 76 of the Convention at a distance of more than 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. In the case of the Russian Federation, this distance coincides with the boundary of the Russian exclusive economic zone. Paragraph 1 of Article 3 of the Federal Act “On the Exclusive Economic Zone of the Russian Federation”(No. 191, dated December 17, 1998) states that:
PARTIAL REVISED SUBMISSION OF THE RUSSIAN FEDERATION TO THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF IN RESPECT OF THE CONTINENTAL SHELF OF THE RUSSIAN FEDERATION IN THE ARCTIC OCEAN
The outer limit of the exclusive economic zone is established at a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise is stipulated by the international treaties of the Russian Federation.
Requirements of Paragraph 1 of Article 75 of the Convention provide that:
Subject to this Part, the outer limit lines of the exclusive economic zone and the lines of delimitation drawn in accordance with article 74 shall be shown on charts of a scale or scales adequate for ascertaining their position. Where appropriate, such limit lines or delimitation lines may be substituted by a list of geographical coordinates of points, specifying the geodetic datum.
The line of the Russian exclusive economic zone is shown on the chart of Central Arctic Basin (admiralty No. 91115), publication of the Department of Navigation and Oceanography of the Russian Ministry of Defense in 2014.
The list of straight baseline points was approved by Decree of the USSR Council of Ministers of 15 January 1985 and published in the book “Maritime Legislation of the Russian Federation” (1994) by the Main Department of Navigation and Oceanography (admiralty No. 9055). An English translation of the said list has been officially handed over to the UN Secretary General and placed on the UN website (see List of straight baseline points 4450 “RUS_1985_Declaration”).
The List contains coordinates of the straight baseline endpoints. The position of the normal baselines adjoining the straight baselines in this document is recorded with the text: “onwards along the low-water line up to the base point …. No.”.
The area of the seabed of the Arctic ocean (Fig. 1), considered in this revised partial submission and relevant to the OLCS determination of the Russian Federation under article 76 of the Convention, covers the geomorphological continental shelf of the Russian Arctic marginal seas, part of the Eurasian basin (Nansen basin and Amundsen, the Gakkel ridgeThe Arctic Ocean seabed area considered in this partial revised Submission that for establishment of the OLCS of the Russian Federation under Article 76 of the Convention includes the geomorphological shelf of the Russian Arctic marginal seas, part of the Eurasian Basin (the Nansen, Amundsen basins and the Gakkel Ridge), and the Central Amerasian Basin consisting of the Makarov Basin and Complex of the Central Arctic Submarine Elevations, which includes the Lomonosov Ridge, Podvodnikov Basin, Mendeleev-Alpha Rise, Mendeleev and Chukchi basins, and Chukchi Plateau.
Partial revised Submission of the Russian Federation on the establishment of the OLCS in the Arctic Ocean proceeds from the scientific understanding that the constituent parts of the Complex of the Central Arctic Submarine Elevations, namely the Lomonosov Ridge, Mendeleev-Alpha Rise, and Chukchi Plateau, and separating them the Podvodnikov and Chukchi Basins have the continental origin and belong to submarine elevations that are natural components of the continental margin under paragraph 6 of Article 76 of the Convention, which are not subject to distance limit of 350 nautical miles from the baselines.
The submitted OLCS line under Article 76 of the Convention in accordance with this partial revised Submission is shown on the schematic map included in the Executive Summary (Fig. 1). A more detailed description of the claimed OLCS is given below in the corresponding section of the Executive Summary.
In accordance with Paragraphs 3.2.1 and 3.2.3 of the STG, all distances in the partial revised Submission of the Russian Federation for establishment of the OLCS in the Arctic Ocean are given in nautical miles (M) or metres (m).
Many more details and the full Russian document is found here.
